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Judge Rebukes DOJ in Comey Case With Order for Rapid Evidence Turnover

The magistrate demanded swift disclosure to resolve privilege disputes tied to years-old searches.

Overview

  • Magistrate Judge William Fitzpatrick said the case feels like “indict first, investigate later” during a hearing in Alexandria, Virginia.
  • He directed prosecutors to produce grand jury records and other materials by Thursday evening in light of the January trial schedule.
  • The court pressed the DOJ on whether it reviewed potentially attorney‑client‑privileged items seized under 2019–2020 warrants.
  • Fitzpatrick noted the government held the trove for five and a half years, calling the resulting burden on the defense unfair.
  • The DOJ filed a 48‑page brief arguing the President’s public posts did not drive charging decisions as Comey seeks dismissal for selective prosecution.